In which of the following case would the Court not grant perpetual injunction when the defendant…
The s.38(3) grounds for a perpetual injunction include "Where compensation in money would not afford adequate relief", "Where it is necessary to prevent multiplicity of…
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In which of the following case would the Court not grant perpetual injunction when the defendant invades or threatens to invade the plaintiffs right to, or enjoyment of property?
Answer and explanation
Correct answer A
The s.38(3) grounds for a perpetual injunction include "Where compensation in money would not afford adequate relief", "Where it is necessary to prevent multiplicity of judicial proceedings" and "Where there exists no standard for ascertaining the actual loss caused to the plaintiff" (along with the defendant being a trustee), but not "Where the defendant is the agent of the plaintiff", so the court would not grant a perpetual injunction on that basis.
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